Laing v State of Victoria [2005] FCA 791

FEDERAL COURT OF AUSTRALIA

Laing v State of Victoria [2005] FCA 791

COURTS – Practice and Procedure - claim for declaratory relief that the respondent contravened a law of the Commonwealth and for the imposition of a penalty – applicant for relief has no standing to claim a penalty – application after the limitation period to substitute an applicant who has standing to claim a penalty – whether there has been a mistake in the name or identity of the applicant - whether the proceeding should be stayed as an abuse of process because it was issued in order to prevent possible claims becoming statute barred –whether the Court has jurisdiction in the proceeding – whether the claim for a penalty should be struck out – whether the proceeding for a declaration without consequential relief should be struck out

Workplace Relations Act 1996 (Cth) ss 83BE(1), 83BH, 298K(2)(d), 298T(2)(d) and (e), 298U Federal Court of Australia Act 1976 (Cth) s 21 Crown Proceedings Act 1958 (Vic) ss 20 and 22 Limitations of Actions Act 1958 (Vic) s 5(5) Judiciary Act 1903 (Cth) s 39B(1A)(c) Federal Court Rules O 13 r 2

Williams v Spautz (1992) 174 CLR 509 – applied Bridge Shipping Pty Limited v Grand Shipping SA (1991) 173 CLR 231 – applied Evans Constructions Co Ltd v Charrington & Co Ltd [1967] 2 QB 703 – considered Central Insurance Co Ltd v Seacalf Shipping Corporation (The "Aiolos") [1983] 2 Lloyd's Rep 25 – considered "AA" - "JC" Inclusive v Hickey (1996) 70 ALJR 385 – considered Yong v Minister for Immigration and Multicultural Affairs (1997) 75 FCR 155 – applied Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (1998) 195 CLR 1 – considered Felton v Mulligan (1971) 124 CLR 367 – cited L.N.C. Industries Limited v B.M.W. (Australia) Limited (1983) 151 CLR 575 – applied R v Commonwealth Court of Conciliation and Arbitration; Ex parte Barrett (1945) 70 CLR 141 – cited Onus v Alcoa of Australia Ltd (1981) 149 CLR 1 – applied International Bulk Shipping and Services Limited v Minerals and Metals Trading Corporation of India [1996] 1 All ER 1017 – considered Tobacco Institute of Australia Ltd v Australian Federation of Consumer Organisations Inc (No 2) (1993) 41 FCR 89 – considered Australian Competition and Consumer Commission v Frances [2004] FCA 487 – cited Minister for Immigration and Multicultural Affairs v Ozmanian (1996) 71 FCR 1 – cited